Hospital fails to follow discipline provisions outlined in collective agreement
TERMINATION WAS EXCESSIVE in the case involving a licensed practical nurse (LPN) who was fired for the way he treated a severely incapacitated patient, a Saskatchewan arbitration board has ruled.
Robert McKnight was an LPN employed in medicine rehabilitation at the Victoria Union Hospital in Prince Albert.
The employer alleged McKnight verbally threatened the patient, a 61-year-old man known as WJ, and used excessive force to subdue the patient. WJ was moved to the hospital’s rehabilitation unit after becoming a paraplegic and suffering a stroke as a result of an auto accident.
According to testimony, WJ could not walk, stand, turn or feed himself.
He could speak, but not always clearly, and would often flail his arms or kick his legs involuntarily. The patient was described by several nurses as being deeply unhappy and often agitated.
During the night shift on Oct. 13, 2011, McKnight entered WJ’s room uninvited and began to assist the team of nurses changing the patient’s dressing. One of the nurses, Laurel Lepine, testified McKnight was loud when he approached the patient.
WJ swore at the grievor but, rather than leaving, McKnight took command of changing the patient’s dressing. WJ raised his arm and McKnight forcibly held it down. Lepine testified McKnight threatened to have security tie the patient to his bed.
Fired for physical and verbal abuse
McKnight said the team responsible for WJ was struggling when he arrived. He testified the patient was "screaming and fighting," and said WJ was agitated before he entered the room.
McKnight said he tried to talk to the patient to calm him down and only grabbed WJ’s arm when the patient swung it forcefully in order to protect himself and the other employees in the room.
He denied pinning the patient’s arm down. Lepine filed a report on the incident and an investigation was launched.
McKnight was terminated for patient abuse and unprofessional conduct on Nov. 14, 2011.
The letter of notice stated that McKnight "engaged in serious misconduct consisting of the physical and verbal abuse of one of our residents. Prince Albert Parkland Health Region must maintain the health and well-being of all patients and requires its staff to carry out their duties in a manner respectful of their dignity."
The Canadian Union of Public Employees (CUPE) Local 4777 argued McKnight’s termination was excessive.
The grievor was a seven-year employee at the time of the incident and had no record of prior discipline. The union asserted the employer failed to follow the progressive discipline provision set out in its collective bargaining agreement.
Termination deemed excessive
There was no evidence of any physical injury or lasting harm to WJ as a result of the incident, but it would be difficult to gauge the mental harm given the patient’s state at the time.
WJ died on Oct. 25, 2011, from complications related to his medical condition.
There was no evidence his death was in any way related to the incident
In its ruling, the arbitration board was satisfied McKnight was asked to leave WJ’s room and refused to do so before engaging in conduct that was abusive and disrespectful to the patient.
"The grievor’s presence and demeanor in the patient’s room only exacerbated the patient’s aggressiveness and agitation," the board said.
"The patient was a big man who was unhappy with the circumstances that rendered him more or less helpless and completely vulnerable.
"One can only imagine what this incident would have been like for WJ, who was once strong bodied and the grievor’s physical equal, but who, through most unfortunate circumstances, was now at the mercy of the grievor."
The board said it was troubled by McKnight’s lack of meaningful remorse but ruled his termination was excessive in the circumstances.
The greivor was reinstated and given a 10-day suspension without pay and benefits. He will be compensated for all pay and benefits lost after the end of his suspension and will suffer no loss of seniority.
Reference: Saskatchewan Association of Health Organizations representing the Prince Albert Parkland Health Region and the Canadian Union of Public Employees. William F.J. Hood, Andy Friedrich and Peter Tartsch — Arbitration board. Michawl Phillips for the employer and Merv Simonot for the union. Feb. 21, 2013.
